DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHPS Plant Services Pty Ltd
(AG2015/245)

MHPS PLANT SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 FEBRUARY 2015

Application for approval of the MHPS Plant Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MHPS Plant Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by MHPS Plant Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 30 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of MHPS Plant Services Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of the MHPS Plant Services Pty Ltd Enterprise Agreement 2015. The dispute arose between MHPS Plant Services Pty Ltd and the Australian Manufacturing Workers' Union. The primary contention was whether the agreement complied with the requirements set forth by the Fair Work Act 2009 and if it could be certified as meeting the criteria for minimal terms and conditions of employment.

The court had to determine whether the agreement provided for fair and reasonable terms, including wages and conditions that were not less favourable than the applicable minimum standards. Further, it was required to examine whether the agreement was made in good faith and if it adequately facilitated the efficient operation of the workplace. Additionally, the court needed to consider the process through which the agreement was made and if it involved genuine bargaining.

The Fair Work Commission concluded that the MHPS Plant Services Pty Ltd Enterprise Agreement 2015 met the legislative requirements for minimal terms and conditions of employment. The agreement was found to provide for fair and reasonable terms, and the process of its creation was deemed to have been conducted in good faith and facilitated the efficient operation of the workplace. Consequently, the application for approval was granted, and the agreement was certified as meeting the necessary criteria. The court's decision affirmed the agreement as a legitimate and beneficial framework for the terms and conditions of employment within the organisation.

MHPS Plant Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established